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Raj Thakker (Executive)     31 May 2016

Divorce

Hello,

Friend of mine got married 8 years back and having 2 kids.He wanted to get rid of his wife and he is having couple of pics of his wife with other man in kind of compromising position as well as he was given fake degree certificate of his wife , so how can he get rid of her??can he prove fake degree certificate and try to get marriage as annulled??



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 5 Replies

Vijay Raj Mahajan (Advocate)     31 May 2016

Annulment of marriage after 8 years on the ground of fraud about the wrong disclosure of educational qualification will not be possible. This ground he should have availed within one year of such disclosure of fraud, that must be after few days/month of marriage not now.

As far the adulterous relationship of wife with another man is concerned just on the basis of some photographs may not prove the case unless there is corroborating evidence to show that the wife indulged in s*xual relationship with another man without the consent of her husband, for obtaining divorce on this ground.

The photographs too have to be proved as genuine and original with help of negatives prints of the same and duly certified scientifically as not being tempered or edited. More so the compromising position showing the two people has to actual show s*xual activity between both mere standing together or holding each other will not show adulterous relationship between both.

Raj Thakker (Executive)     31 May 2016

Hello, Vijaysir can this pic help him to fight false DV case?can he file divorce on grounds of mental cruality under HMA??

Vijay Raj Mahajan (Advocate)     31 May 2016

I cannot comment unless I see the photographs if those will be of any help to defend the DV complaint or will that be sufficient enough to prove mental cruelty on part of the wife. For cruelty too there should be facts of the case mentioning the various acts of the wife against the husband that caused mental cruelty on him.

saravanan s (legal advisor)     31 May 2016

When was the photographs taken was it before or after marriage. Even if it's taken after marriage it won't help in your dv case.

SAINATH DEVALLA (LEGAL CONSULTANT)     31 May 2016

Aptly replied by Sr Adv's Mahajan and Saravanan,answer the questions raised by them instead of posting objective type questions.This is a very delicate family matter and can;t be answered in piece meal.


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